Terms of Use

Last Updated: May 10, 2025


Welcome to Divine Spark Family Wellness! These Terms of Use ("Terms") govern your access to and use of our services, website (currently located at [Insert Website Address if applicable]), and any other online or offline services provided by Divine Spark Family Wellness (collectively, the "Services").

 

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. 



 

1. Acceptance of Terms 



These Terms constitute a legally binding agreement between you ("you," "your") and Divine Spark Family Wellness ("we," "us," "our"). Your use of our Services indicates your acceptance of these Terms in their entirety.

2. Description of Services

Divine Spark Family Wellness offers a range of wellness services focused on families, which may include but are not limited to: [You will need to insert a specific description of your services here, for example: counseling, therapy, workshops, classes, educational resources, etc.]. The specifics of these Services, including scheduling, fees, and content, will be outlined separately in agreements or on our website.

3. User Conduct

You agree to use our Services in a respectful and lawful manner. You are solely responsible for your conduct while using our Services. You agree not to:

 

  • Use our Services for any illegal or unauthorized purpose.
  • Interfere with or disrupt the operation of our Services or any servers or networks connected to our Services. 
  • Attempt to gain unauthorized access to any portion of our Services or any other systems or networks. 
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
  • Collect or harvest any personally identifiable information from other users without their consent.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 
  • Post, upload, share, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

4. Intellectual Property

 

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of Divine Spark Family Wellness or its licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 



You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Divine Spark Family Wellness and the copyright owner. 



5. Privacy

Your use of our Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy [You will need to create and link to your Privacy Policy here] to understand how we collect, use, and disclose your personal information. 



6. Links to Third-Party Websites or Services

 

Our Services may contain links to third-party websites or services that are not owned or controlled by Divine Spark Family Wellness. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Divine Spark Family Wellness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. 



 

7. Disclaimer of Warranties

 

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIVINE SPARK FAMILY WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. 



 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DIVINE SPARK FAMILY WELLNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVINE SPARK FAMILY WELLNESS DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM DIVINE SPARK FAMILY WELLNESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIVINE SPARK FAMILY WELLNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 



 

8. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIVINE SPARK FAMILY WELLNESS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL DIVINE SPARK FAMILY WELLNESS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. 



 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DIVINE SPARK FAMILY WELLNESS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO DIVINE SPARK FAMILY WELLNESS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. 



 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIVINE SPARK FAMILY WELLNESS AND YOU. 



9. Indemnification

You agree to indemnify, defend, and hold harmless Divine Spark Family Wellness, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any content you submit, post, transmit, or otherwise make available through the Services. 



10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. 



 

Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 



 

11. Governing Law and Dispute Resolution 



 

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. 



 

Any dispute arising out of or relating to these Terms or the Services shall be exclusively resolved in the state or federal courts located in Sarasota County, Florida. You hereby irrevocably consent to the jurisdiction of such courts. 



12. Changes to These Terms

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 



By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services. 



13. Contact Us

If you have any questions about these Terms, please contact us:

Divine Spark Family Wellness 2805 Fruitville Rd Suite 205 Sarasota, FL 34237 Phone: (941) 390-1744

Important Considerations:

  • Website Link: Remember to insert the actual web address of your Divine Spark Family Wellness website where indicated.
  • Specific Services: Carefully and accurately describe the specific services you offer in Section 2.
  • Privacy Policy: Create a comprehensive Privacy Policy that outlines how you handle user data and link to it in Section 5.
  • Legal Review: This is a template and should be reviewed and customized by an attorney licensed in Florida to ensure it meets all legal requirements and adequately protects your business. They can also advise you on any specific regulations relevant to wellness services.
  • Payment Terms: If you offer paid services, you will need to include a separate section or agreement detailing your payment terms, fees, and refund policies.
  • HIPAA Compliance: If your services involve the collection, use, or disclosure of Protected Health Information (PHI), you will need to ensure your practices and this Terms of Use comply with the Health Insurance Portability and Accountability Act (HIPAA). You may need a separate Business Associate Agreement (BAA) with certain service providers.
  • Children's Online Privacy Protection Act (COPPA): If you anticipate collecting personal information from children under 13, you will need to comply with COPPA.